Results 1 to 3 of 3
  1. #1
    Join Date
    Dec 2010
    Posts
    1

    Default Trial by Declaration Speeding Ticket LIDAR Unit

    My question involves a speeding ticket from the State of: California

    Please bear with me as I am new to this.

    I am trying to fight my ticket via trial by declaration, but this is something I've never done before. So any advice that one can give would be greatly appreciated.

    Violation Code 22356(b) VC-I

    According to the ticket I was going 81mph in 70mph zone.

    Here are the facts:

    i was driving on the 15 heading towards vegas. i saw a cop car behind the car that was driving behind me. the car moved and then the cop car was behind me. i didn't realize he was trying to pull me over. apparently a cop on the overpass had used a lidar unit to catch my speed. i was a bit shocked given that all the cars around me were going the same speed. the car in front of me and behind me were probably no more than 2 car distances away from me and there were cars in the lane next to me. The car in front of me and beside me were both dark chevy's (like the car i was driving)

    The officer who pulled me over said to me the reason he pulled me over was cause I speeding. He said I was going 81mph. He left, came back and told me that the officer who caught my supposed violation was on the over pass w/ a lidar unit.

    Can I win this case in any possible way? I briefly read that lidar units are fairly accurate in the fact that it can't make a mistake on cars. but I feel like it could have been any of the cars around me. we were all going the same speed.

  2. #2
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Trial by Declaration Speeding Ticket LIDAR Unit

    You can win if the cops writes up nothing .. other than that, you'll need to go to court. I would just simply write "I was not speeding", what else you going to say?

  3. #3
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Trial by Declaration Speeding Ticket LIDAR Unit

    Quote Quoting laydeestlz
    View Post
    My question involves a speeding ticket from the State of: California

    Please bear with me as I am new to this.

    I am trying to fight my ticket via trial by declaration, but this is something I've never done before. So any advice that one can give would be greatly appreciated.

    Violation Code 22356(b) VC-I

    According to the ticket I was going 81mph in 70mph zone.

    Here are the facts:

    i was driving on the 15 heading towards vegas. i saw a cop car behind the car that was driving behind me. the car moved and then the cop car was behind me. i didn't realize he was trying to pull me over. apparently a cop on the overpass had used a lidar unit to catch my speed. i was a bit shocked given that all the cars around me were going the same speed. the car in front of me and behind me were probably no more than 2 car distances away from me and there were cars in the lane next to me. The car in front of me and beside me were both dark chevy's (like the car i was driving)

    The officer who pulled me over said to me the reason he pulled me over was cause I speeding. He said I was going 81mph. He left, came back and told me that the officer who caught my supposed violation was on the over pass w/ a lidar unit.

    Can I win this case in any possible way? I briefly read that lidar units are fairly accurate in the fact that it can't make a mistake on cars. but I feel like it could have been any of the cars around me. we were all going the same speed.
    "IF" the speed estimate was based on Lidar and it was obtained by another officer (other than the citing officer) then both officers would have to testify, at which point you can cross examine both as to the speed measurement as well as to how they went about identifying your vehicle from others on the highway. Unfortunately, with a Trial By Declaration, your ability to cross examine their witnesses is nullified... So you may have to wait until that decision is issued after a TBD, request a Trial De Novo and attempt to question both in court.

    Also (and this might be a stretch although it wouldn't hurt to expect it as you prepare), does your citation specifically say "Lidar" on it? (usually next to the "speed" information)... here is where I am going with that: It is possible that the citing officer, and in the process of chasing you down to pull you over, had also paced your speed and issued the citation according to that measurement (though the "81" seems to be an odd amount for a pace)! And if that happens to be the case, then you pretty much have no defense to speak of for a VC 22356!

    Your best bet to properly prepare, would be to serve an "informal discovery request" on both the County District Attorney (where your citation was issued) as well as the citing agency (which I assume is the CHP) and in that request, you should ask for a copy of the officer's notes (usually written on the back of his copy of the citation). That should give you some sort of direction as to what his testimony may include and whether it was a 2 officer operation or whether it was a mere "pace".

    (Just Google "California informal discovery request" and you'll find quite a bit of info on how to proceed).

    1. Sponsored Links
       

Similar Threads

  1. Hearings and Trials: Speeding Ticket Trial by Written Declaration
    By CGameProgrammer in forum Moving Violations, Parking and Traffic Tickets
    Replies: 10
    Last Post: 02-11-2011, 04:53 PM
  2. Hearings and Trials: Fighting a Speeding Ticket With a Trial by Written Declaration
    By craiggroves in forum Moving Violations, Parking and Traffic Tickets
    Replies: 6
    Last Post: 11-18-2010, 09:18 PM
  3. Discovery: Trial by Written Declaration and Discovery for a Speeding Ticket
    By reductivecat in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 02-11-2010, 12:29 AM
  4. Speeding Tickets: Speeding Ticket Trial by Declaration
    By AlX in forum Moving Violations, Parking and Traffic Tickets
    Replies: 8
    Last Post: 04-16-2009, 05:06 PM
  5. Hearings and Trials: Missed Drivers School After A Speeding Ticket - Is Trial By Declaration Possible?
    By searcherrr in forum Moving Violations, Parking and Traffic Tickets
    Replies: 5
    Last Post: 03-21-2008, 01:06 AM
 
 
Sponsored Links

Legal Help, Information and Resources